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Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

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Showing 1729–1752 of 2,057 articles for “sec”

When Church Expulsions Bind Civil Courts: The Finality Rule in Religious Corporation Disputes

Philippine Supreme Court ruling on religious corporation member expulsions, due process, and the binding effect of final SEC decisions.

Judicial Overreach Reassessing Ombudsmans Discretion In Anti Graft Prosecutions

When can courts overturn an Ombudsman's finding of probable cause? The Supreme Court clarifies the limits of prosecutorial discretion.

When Eyewitness Testimony Outweighs Alibi in Philippine Homicide Cases

Philippine Supreme Court ruling on why positive eyewitness identification prevails over alibi and denial in homicide prosecutions.

Discretion of the Justice Secretary and Limits of Judicial Review in Preliminary Investigations

The Supreme Court clarifies the Ombudsman's limited role in reviewing prosecutors' findings and the boundaries of judicial review in preliminary investigations.

Discretion and Due Process: The Secretary of Justice’s Power to Review Prosecution Decisions

Explaining Garcia-Rueda v. Amor: why the Ombudsman cannot second-guess prosecutors' findings, and where the Secretary of Justice's review power lies.

Prosecutorial Discretion vs Anti-Graft: Defining Undue Injury in Public Office

The Supreme Court clarifies when a prosecutor's error becomes a crime under the Anti-Graft Law, explaining the element of undue injury.

Probable Cause and Judicial Discretion in Anti-Graft Cases: Odin Security Agency v. Sandiganbayan

The Supreme Court explains when courts may dismiss criminal cases for lack of probable cause and the limits of certiorari review in graft cases.

Ombudsman Bank Inquiries and Secrecy Laws: The Court’s Balancing Test

The Supreme Court clarifies when the Ombudsman may inspect bank accounts under R.A. 1405 and R.A. 6770, and why courts may hear declaratory relief on such orders.

Res Judicata and Security of Tenure: When a Land Registration Judgment Cannot Oust a Tenant

A land registration victory does not automatically allow ejectment of an occupant claiming tenant rights. The Supreme Court explains the limits.

Acceptance Over Demand: Graft Conviction Hinges on Actions, Not Words

In Peligrino v. People, the Supreme Court ruled that receiving a gift or benefit suffices for graft conviction under Section 3(b) of RA 3019, even without an express demand.

When Defense Falters: Shifting the Burden in Self-Defense Claims Under Philippine Law

Philippine Supreme Court clarifies that in self-defense claims, the burden shifts to the accused to prove justification, but the prosecution must still prove guilt beyond reasonable doubt.

Reasonable Doubt Prevails: Supreme Court Acquits Murder Accused on Inconsistent Evidence

The Supreme Court acquits a murder accused on reasonable doubt, emphasizing that inconsistent prosecution evidence and corroborated defense testimony cannot sustain a conviction.

Reasonable Doubt Prevails Safeguarding Rights in Drug Cases

Why the Supreme Court acquitted an accused in a marijuana possession case due to prosecution's failure to prove guilt beyond reasonable doubt.

Certiorari Under the New SEC Rules: Challenging Interlocutory Orders

The Supreme Court clarifies that certiorari, not appeal, is the proper remedy for interlocutory orders under the New SEC Rules of Procedure.

When Prosecution Evidence Fails: Acquittal in Drug Possession Case

Philippine Supreme Court acquits drug suspect where prosecution witnesses contradicted each other and failed to prove identity of seized marijuana.

Presidential Power VS Security OF Tenure Deactivation OF Eiib AND Reorganization Authority

Bouncing Checks Law: The 90-Day Rule and Proof of Knowledge Under BP 22

Presenting a check after 90 days does not bar prosecution under BP 22—knowledge of insufficient funds can still be proven by other evidence.

Civil Service Confidentiality: Defining the Scope of Non-Career Positions

The Supreme Court upheld CSC's power to classify private secretary positions as primarily confidential and non-career, clarifying the limits of such classifications.

Partnership Dissolution and Asset Determination When Accounting Records Are Unavailable

When partnership books are lost, courts can still determine a partner's share using secondary evidence. Learn the rules from this Philippine Supreme Court case.

Incestuous Rape and Belated Confessions: When a Guilty Plea Cannot Mitigate Death

In People v. Palermo, the Supreme Court ruled that a confession made after the prosecution rests cannot mitigate the death penalty for qualified rape.

Reasonable Doubt Prevails in Drug Possession Case: People v. Mariano

The Supreme Court acquits a drug possession accused where prosecution evidence fails to prove possession beyond reasonable doubt.

PAGCOR v. Rilloraza: When Is an Employee Dismissal for Misconduct Valid?

Supreme Court explains when workplace misconduct justifies dismissal and when it is only simple neglect of duty, with security of tenure protected.

Proximate Cause in Parricide: Establishing the Link Between Assault and Death

A parricide acquittal shows why the prosecution must prove beyond reasonable doubt that the assault caused the victim's death.

Murder to Homicide: Proving Evident Premeditation and Treachery in Philippine Law

When the prosecution fails to prove evident premeditation or treachery, a murder conviction falls to homicide. Learn the rules from People v. Aytalin.